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Constitutional Law Keyed to Farber
Michael M. v. Superior Court of Sonoma County
Citation:
450 U.S. 464, 101 S. Ct. 1200, 67 L. Ed. 2d 437 (1981)Facts
In July 1978, petitioner Michael M., then 17½ years old, was charged with unlawful sexual intercourse with a female under age 18 in violation of California Penal Code Section 261.5. At approximately midnight on June 3, 1978, petitioner and two friends approached Sharon, age 16½, and her sister at a bus stop. Petitioner and Sharon, who had been drinking, moved away from the others and began kissing. After petitioner struck Sharon in the face for rebuffing his initial advances, she submitted to sexual intercourse. The evidence at the preliminary hearing showed that Sharon initially participated willingly in kissing and foreplay but later told petitioner to stop. Petitioner challenged the statute on both state and federal constitutional grounds, arguing that Section 261.5 unlawfully discriminated on the basis of gender by punishing only males for the act of sexual intercourse with a minor.
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